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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Racism and the Law

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ISBN13: 9780792346654
ISBN: 0792346653
Published: September 1997
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



Plessy versus Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects since the 1950s. Ironically, in the current debate over affirmative action, Justice Harlan's eloquent dissent has been used to justify attacks on government affirmative action programmes.;In this book, five philosophers and constitutional theorists, working from very different theoretical positions, take a critical look at the moral and political principles underlying this historic decision and Harlan's dissent. They also explore the nature and extent of the law's complicity in perpetuating Plessy's racialist aims. Emerging from their varied but complementary analyses is a deeper and more nuanced understanding of the social injustice of racial segregation in its historic and contemporary forms and of resources of the law to reverse it.

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Contents:
The sins of segregation, G.J. Postema; Plessy versus Ferguson in libertarian perspective, M. Tushnet; the liberty dimension of historic and contemporary segregation, J.W. Nickel; generality and equality, F. Schauer; Washington, Du Bois and Plessy versus Ferguson, B.R. Boxill.